HomeMy WebLinkAbout20150657.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 9, 2015
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Administration Building, Greeley, Colorado, March 9, 2015, at the hour of 9:00 a.m.
CI ROLL CALL: The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Robert T. Frick
Clerk to the Board, Esther E. Gesick
Controller, Barbara Connolly
El MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of March 4, 2015, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
12 READ ORDINANCE BY AUDIO: Commissioner Conway moved to read Code Ordinance
#2015-4 by audio. Commissioner Cozad seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on March 4, 2015, as follows: 1) COZ14-0006 —Vicki Lake; and 2) USR14-0077
— Colby and Sandra Van Cleave, do VCA Aggregates, LLC. Commissioner Freeman seconded the
motion, which carried unanimously.
O AMENDMENTS TO AGENDA: There were no amendments to the agenda.
Ci CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
BIDS:
IR 1) APPROVE BID #61500049, DRY CLEANING SERVICES - SHERIFF'S OFFICE: Trevor
Jiricek, Director of General Services, stated staff recommends approval of the solicited low bid from
Minutes, March 9, 2015 2015-0657
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New Idea Cleaners. Commissioner Freeman moved to approve said bid as recommended by staff.
The motion was seconded by Commissioner Moreno, and it carried unanimously.
O 2) APPROVE BID #61500022, BRIDGE REHABILITATIONS - 2015 (QTY 10) - DEPARTMENT
OF PUBLIC WORKS: Mr. Jiricek stated staff requests this matter be continued to March 11, 2015.
Commissioner Conway moved to continue this matter to March 11, 2015. Seconded by Commissioner
Cozad, the motion carried unanimously.
G 3) PRESENT BID #61500059, PERMANENT FLOOD REPAIRS AT BRIDGE 9.5/24.5A AND
ASSOCIATED DOWNSTREAM DROP STRUCTURE - DEPARTMENT OF PUBLIC WORKS:
Mr. Jiricek presented the four bids received and stated staff will make a recommendation on March 23,
2015.
O 4) PRESENT BID #B1500064, PUBLIC WORKS OFFICE ADDITION/DESIGN BUILD -
DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the seven bids received and
stated staff will make a recommendation on March 23, 2015.
NEW BUSINESS:
El 1) CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES FOR A CHANGE OF
MANAGER AND AUTHORIZE CHAIR TO SIGN - RAYHEL ENTERPRISES, LLC, DBA OLE
HICKORY SMOKEHOUSE AND TAVERN: Bob Choate, Assistant County Attorney, stated Ms. Rayhel
disclosed that, in 2012, she was charged with the possession of marijuana, received one year of
deferred probation, which was completed and dismissed. Commissioner Cozad noted the applicant is
also overdue on acquiring a valid Colorado driver's license. Commissioner Freeman moved to approve
said application and authorize the Chair to sign. The motion was seconded by Commissioner Conway,
conditional upon Ms. Rayhel providing evidence of a current CO license, and it carried unanimously.
O 2) CONSIDER CHANGE ORDER FOR HUMAN SERVICES ELEVATOR (BID #B1400156) AND
AUTHORIZE CHAIR TO SIGN - CLASSIC CONTRACTORS, INC.: Toby Taylor, Director of the
Department of Buildings and Grounds, explained asbestos was discovered in the elevator doors and it
was determined that it would be better to replace the doors rather than isolate the building for
abatement. Commissioner Cozad moved to approve said Change Order, in the amount of $10,550.00,
and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried
unanimously.
O 3) CONSIDER EXPENDITURE AUTHORIZATION FOR EMPLOYMENT SERVICES AND
AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of the Department of Human Services,
requested approval of an expenditure authorization for the 25% Dislocated Worker funds, in the amount
of $114,180.00, for the term of January 22, 2015, through June 30, 2016, to provide on the job training
assistance to approximately thirty (30) long-term unemployed individuals. In response to
Commissioners Cozad and Moreno, Ms. Griego stated there is the potential that this may serve more
than 30 people, and the term is retroactive because they are adding funds to the current resources for
redistribution. Commissioner Moreno moved to approve said expenditure authorization and authorize
the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously.
0 4) CONSIDER STANDARD FORM FOR AGREEMENT FOR RESPITE SERVICES BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN AGREEMENTS CONSISTENT WITH SAID FORM: Ms. Griego stated
this template is for individuals to provide Respite Care for foster care parents. Commissioner Moreno
Minutes, March 9, 2015 2015-0657
Page 2 BC0016
moved to approve said form and authorize the Chair to sign all agreements consistent with said form.
Seconded by Commissioner Cozad, the motion carried unanimously.
O 5) CONSIDER STANDARD FORM FOR CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS
PROVIDERS AND AUTHORIZE CHAIR TO SIGN AGREEMENTS CONSISTENT WITH SAID FORM:
Chair Kirkmeyer confirmed this is the same as the previous item for child protection services.
Commissioner Conway moved to approve said form and authorize the Chair to sign all agreements
consistent with said form. Seconded by Commissioner Cozad, the motion carried unanimously.
fi 6) CONSIDER TASK ORDER CONTRACT FOR WISEWOMAN (WELL-INTEGRATED
SCREENING AND EVALUATION FOR WOMAN ACROSS THE NATION) PROGRAM UNDER THE
WOMEN'S WELLNESS CONNECTION PROGRAM AND AUTHORIZE THE CHAIR TO SIGN:
Dr. Mark Wallace, Director of the Department of Public Health and Environment, reviewed the
provisions for cancer screening outreach as well as an added screening for cardiovascular disease,
high blood pressure and diabetes. He stated the program also provides life coaching to reduce health
risks for uninsured or underinsured women who meet age and low income requirements. He further
stated this task order is for federal funds, in the amount of $9,145.00, for the initial period of March 1,
2015, through June 30, 2015, and then they will do a new task order for the next State fiscal cycle.
Commissioner Moreno moved to approve said task order contract and authorize the Chair to sign. The
motion, which was seconded by Commissioner Conway, carried unanimously.
ID 7) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - STONE BUILDING
PRODUCTS, LLC: Christopher Woodruff, Weld County Assessor, explained there was a
miscommunication on the list of items reported which resulted in an overvaluation and he
recommended approval of a tax abatement refund, in the amount of $16,534.24. No public testimony
was offered concerning this matter. Commissioner Conway moved to approve said petition as
recommended by the Assessor. Commissioner Moreno seconded the motion, and it carried
unanimously.
8) CONSIDER PETITIONS FOR ABATEMENT OR REFUND OF TAXES - NOBLE ENERGY,
INC.: Mr. Woodruff stated these petitions are intended to address multiple wells which were included
within the Sand Hills Metropolitan District encompassing land owned by 70 Ranch, and the matter is
pending with the District Court. He noted similar petitions from Bill Barrett and Bonanza Creek were
previously denied by the Board and are also pending at the Board of Assessment Appeals (BOAA). He
stated, ultimately, this is a legal question of whether Sand Hills acted appropriately by including the
wells and whether the the levy was properly applied. He stated it is his opinion that the dispute should
be resolved by the District Court. In terms of form and filing, Mr. Woodruff stated the appropriate
documents were recorded and mill levies were properly certified for the years 2012 and 2013. He
stated staff recommends denial until such time as the District Court rules on the matter, and
commented that action will also allow the petitioner to appeal the matter on to the BOAA. Lastly, he
cited the amounts due back to the petitioner, if approved.
ID Kirk Mueller, Attorney with Davis, Graham and Stubbs, LLP, represented the petitioner and
stated, similar to his two previous clients Bill Barrett Corporation and Bonanza Creek, Noble Energy
believes that the inclusion action of the Sand Hills Metropolitan District was beyond the scope of tax
assessment. Mr. Woodruff clarified this abatement is specific only for the assessment of the Sand Hills
Metropolitan District and has no impact on other taxing authorities such as the County, schools, fire
protection, etc. In response to Chair Kirkmeyer, Mr. Woodruff stated if this petition were approved, it
would get to the issue of the authority of, and process utilized by, special districts to include and
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Page 3 BC0016
exclude both surface and subsurface properties. Responding to Commissioner Conway, Mr. Woodruff
stated he has no dispute with the petitioner concerning the assessment. Mr. Mueller stated the
producers believe inclusion in the district was inappropriate and illegal; therefore, the tax assessment is
not appropriate. In response to Commissioner Cozad, Mr. Woodruff stated the previous petitions of Bill
Barrett and Bonanza Creek were denied by the Board of Commissioners and appealed to the BOAA,
which has deferred its action pending a decision in District Court. Mr. Mueller stated the basis of the
appeal is the assertion that any real property owner (surface or subsurface) should be notified prior to
inclusion in said district. Commissioner Conway agreed this issue is not within the purview of the Board
and the interpretation of the Statute will need to be determined by the Court. Chair Kirkmeyer
questioned whether the Commissioners should even consider a tax abatement petition and whether the
State BOAA has jurisdiction in an appeal. Commissioner Freeman questioned if a precedent has been
set by the previous two denials for Bill Barrett and Bonanza Creek. Following discussion, Bob Frick,
County Attorney, suggested continuing the matter to allow investigation into the issue of whether the
Commissioners or BOAA has jurisdiction to make a determination on this matter. Commissioner
Conway moved to continue said petition for abatement to Monday, March 16, 2015. Commissioner
Cozad seconded the motion, and it carried unanimously.
0 9) CONSIDER AGREEMENT FOR MEDICAL PATHOLOGY SERVICES AND AUTHORIZE
CHAIR TO SIGN: Mark Ward, Coroner, stated this agreement will extend the term and change the
rates. He noted the agreement will need to be revised to reflect a new term of March 1, 2015, through
February 28, 2016. In response to Chair Kirkmeyer, Mr. Ward confirmed the agreement will
automatically renew unless one of the parties submits a written request for revisions or termination.
Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Conway, and it carried unanimously.
ID 10) CONSIDER AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF-
WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS CR 49 AND AUTHORIZE CHAIR TO SIGN - KENNETH AND KATHY HOYLAND:
Leon Sievers, Department of Public Works, reviewed the terms and provisions of the agreement and
corresponding easement, for a total cost to the County in the amount of $16,471.00. Commissioner
Conway moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Freeman, the motion carried unanimously.
0 11) FIRST READING OF CODE ORDINANCE #2015-4, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS,
OF THE WELD COUNTY CODE: Tom Parko, Director of the Department of Planning Services, stated
Ordinance establishes a new Coordinated Planning Agreement with the Town of Firestone and amends
the Town out of the existing CPA in Article II with the Towns of Dacono and Frederick, pursuant to a
letter dated August 3, 2006. No public testimony was offered concerning this matter. Commissioner
Freeman moved to approve Code Ordinance #2015-4 on First Reading. Commissioner Conway
seconded the motion, and it carried unanimously.
PLANNING NEW BUSINESS:
El 1) CONSIDER CORRECTED RESOLUTION FOR USE BY SPECIAL REVIEW PERMIT,
USR11-0005 - DCP MIDSTREAM, LP: Kim Ogle, Department of Planning Services, stated staff
received a letter from the applicant, dated February 24, 2015, requested a change in the legal
description for USR11-0005, pursuant to a Condition of Approval for Recorded Exemption,
RECX14-0114. No public testimony was offered concerning this matter. Commissioner Conway
moved to approve said Corrected Resolution reflecting a new legal description. Commissioner Moreno
seconded the motion, which carried unanimously.
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Page 4 BC0016
G 2) CONSIDER ZONING PERMIT FOR A SECOND SINGLE-FAMILY DWELLING, ZPSD15-0001
- 5258 RANCH, LLC, C/O PETE GRANT: Wendy Inloes, Department of Planning Services, stated the
application indicates the purpose of this request is to host family holiday parties and overnight dwelling
a few times per year. She gave a brief description of the location of the site and confirmed there will be
no permanent residents. In response to Chair Kirkmeyer and Commissioner Cozad, Ms. Inloes
indicated the applicant may be able to better address the intended use and appropriate permit.
Pete Grant, applicant's representative, stated his client intends to construct a new structure to
host family gatherings, which will include two bedrooms located in the loft for overnight visits.
Commissioner Cozad stated the zoning permits are for specific intended uses; however, in this case
there will be no permanent residents. There was discussion as to whether the use perhaps better
qualifies as a Use by Right or a Use by Special Review.
G Tom Parko, Director of the Department of Planning Services, explained the two processes which
were considered by staff: 1) a zoning permit for a second dwelling for family members, and 2) a USR
for second dwelling; however, in this case the intended use is for family members, which guided staff to
encourage a Zoning Permit process. Ms. Inloes added there is also a building permit application which
indicates there will be a commercial-grade kitchen which also caused staff to further review the
intended use. In response to Chair Kirkmeyer, Mr. Grant indicated this will not be used for anyone
other than 20-25 family members on an occasional basis.
Hosein Naasey-Shahry, surrounding property owner to the east, expressed concern with the lack
of a building permit for the existing barn, which the applicant now intends to expand for family events,
and he stated the defined use should be more specific. In response to Chair Kirkmeyer, Mr. Parko
clarified the applicant is building a new structure for the family events, the existing barn is a Use by
Right with the original purpose of agricultural uses. He reiterated this permit is being considered since
the new structure will include two (2) bedrooms, a commercial-grade kitchen and bathrooms.
Ms. Inloes confirmed the new barn/residence is proposed to be 4,800 square feet, which will be subject
to building inspections. In response to Commissioner Conway, Mr. Naasey-Shahry indicated he now
understands that the applicant wishes to add a new structure for the occasional use of family members;
however, he asserted the area is zoned A (Agricultural) and is not intended for large gatherings or a
multigenerational residence. Additionally, the proposed location will impact the view of the mountains
from his residence. There being no further testimony, Chair Kirkmeyer closed public testimony.
In response to Chair Kirkmeyer, Ms. Inloes stated the site is 35 acres in size. Mr. Grant
confirmed the structure will not be rented and the applicant desires to host family gatherings of up to
20-25 people. He also stated family members of the property owner reside in the existing residence.
Mr. Parko reiterated staff's initial understanding was that the proposal was for family use only, which is
why it was processed as a zoning permit.
12 Commissioner Cozad stated this is more in line with a USR for a second dwelling; however, if
approved as a zoning permit, then the record must be very clear that it is for family members only and if
that changes then they must go through the USR process. Commissioner Conway stated if the area
residents observe a change to non-family events they may contact the County staff to initiate the
violation process, which may also initiate a USR process. He encouraged the applicant to be a good
neighbor and abide by the stipulations expressed on the record today.
Minutes, March 9, 2015 2015-0657
Page 5 BC0016
El Chair Kirkmeyer stated she would prefer to direct the matter back to staff for further discussions
with the applicant to help better clarify the intended use and potentially initiate a USR application. She
stated a zoning permit is not appropriate since no one will be dwelling in or occupying the the building.
U Commissioner Cozad moved to refer the application of 5258 Ranch, LLC, do Pete Grant,for a
Zoning Permit for a Second Single-Family Dwelling Unit, ZPSD15-0001, back to the Department of
Planning Services to work with the applicant to process a USR application. The motion was seconded
by Commissioner Moreno. Commissioner Conway opposed the direction because a USR would result
in the potential for a higher density venue that is contrary to the public testimony provided today. Chair
Kirkmeyer countered, stating the USR can also be limited to an event center for family members only,
with limited hours and a restriction on rental activity. Commissioner Cozad commented a USR for a
second dwelling would afford the applicant the flexibility to host anyone. Chair Kirkmeyer and
Commissioner Freeman maintained the testimony does not indicate anyone will be dwelling in the new
structure, which results in the violation of the zoning permit. Commissioner Conway stated he is fine
with sending this back to staff as long as they get a clear understanding of the intended use and
whether anyone will be dwelling in the new structure. There being no further discussion,the motion to
refer the matter back to staff, with direction to review the intended use further with the applicant and
process accordingly based on the issue of residency,carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance#2015-4 was approved on First Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business,this meeting was adjourned at 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY,CO ORADO
ATTEST: d.id /t/ &tc • -I A--
,sLD, arbara Kirkme e,Chair
Weld County Clerk to the :,j tiskr
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4 ?-Y ike Freeman,Pro-Tern
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, Sean P.Co ay 7,11 zi
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Julie ozad
Steve Moreno
Minutes,March 9,2015 2015-0657
Page 6 BC0016
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